The International Sports Law Journal

Asser International Sports Law Centre publishes The International Sports Law Journal. Topics covered in this journal include General Sports. Articles are geared toward an audience of individuals interested in sports and the law, including practitioners, those associated with academics and others. Information in this journal contains topics specifically related to sports and the law, including national and international developments in sports.

Articles from No. 3-4, July-October

2010 FIFA World Cup South Africa: Legal Protection of the Marks and the Event
Introductory Remarks Sport nowadays is big business representing more than 3% of world trade. And Football is not only the world's favourite game, but it is also the world's most lucrative sport. Indeed, according to Sepp Blatter, President of FIFA,...
Andrew Webster CAS Award Commentary
Preamble As the lawyer of Andrew Webster, I have probably talked and wrote about the "Webster case" more than a hundred times and it is somehow difficult to summarize such a long and winding road in some minutes or pages. The case was known as a...
Anticipation of Registration Periods without Informing the Clubs Previously about the Modification: Where Is the Sporting Integrity of Ongoing Competitions?
1. Introduction Since September 1, 2001, when the FIFA Regulations on the Status and Transfer of Players, also known as RSTP, came into force, FIFA has provided the international football world with a legal basis. Through these rules FIFA has inserted...
CAS 2006/A/1100 Tareq Eltaib V. Club Gaziantepspor, Dated 15 November 2006
I. Preamble 1. One of the most joyful moments for a football club and its fans is the signing of a new player for the club. The new player is meant to give to the club the vitality and strength it needs, so as to be competitive in the new season....
Chinese Professional Football League from the Perspective of Antimonopoly Law
Introduction From China Football League-A (hereinafter referred to as League-A) to Chinese Football Association Super League (hereinafter referred to as CSL), Chinese football has always been capturing the hearts of its nationals. Various disputes...
Competition Rules and Sports Broadcasting Rights in Europe
I. Sports TV broadcasting rights Under Article 345 of the EC Treaty "The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership". Nor are there direct regulations pertaining to intellectual property,...
Editorial
In The Hague, on 28 May 2010, the ninth Asser International Sports Law Lecture dealt with the European Court of Justice's verdict in the Bernard case on training compensation in professional football. Under the chairmanship of Marjan Olfers, Free University...
Fairness, Openness and the Specific Nature of Sport: Does the Lisbon Treaty Change EU Sports Law?
1 Introduction The Lisbon Treaty has for the first time brought sport within the explicit reach of the Treaties establishing the EU. It is, however, well known that the EU has a track record of almost forty years in subjecting the practices of sports...
FIFA Players' Agents Regulations and the Relating Jurisprudence of FIFA and CAS
Preamble The author herewith pays special attention only to a few key points of the edition 2008 of FIFA Players' Agents Regulations (PAR) (1) in force (since 1 January 2008), which are conducive to confusions or conflicts among the football stakeholders,...
Football Finances: German Bundesliga Outperforms English Premier League
With the kick-off on 11 June of the 2010 World Cup in South Africa comes the latest news of the finances of the 'beautiful game' proving that football is not only the world's favourite sport but also its most lucrative one. In 2009, the turnover...
Is CAS Confidentiality Being Eroded?
One of the attractions of arbitration for settling disputes of various kinds is the confidentiality of the proceedings. This is particularly true of sports disputes, where the sporting community in general do not wish to 'wash their dirty sports linen...
Italian Regulation of Sports and Its Law N. 91 of 1981 - a Solution for Sports-Related Problems in the Netherlands?
1 - Introduction Unlike several other European countries, the Dutch legal system does not have a specific Sports Act. The development of a body of sports-related law therefore mainly depends on civil judgments and decisions of the many judicial...
Maltese Doping Cases
Background facts At the end of 2007 and the beginning of 2008, three Maltese football players, Mattocks, Martin and Grech tested positive for prohibited substances. Following a test performed on 26 December 2007, the player Mattocks tested positive...
Match-Fixing. FK Pobeda et Al. V. UEFA (CAS 2009/A/1920)
I. Introduction The arbitral award issued by the Court of Arbitration for Sport on 15 April 2010 in the case FK Pobeda - Prilep, Aleksandar Zabrcanec, Nikolce Zdraveski v/ UEFA (hereinafter "the award" or "the award against Pobeda") is a first in...
Match Fixing in Cricket: It Is All a Matter of Proof
Sadly match fixing is prevalent in many sports, including the genteel game of cricket, as the latest affair concerning the match between England and Pakistan during the Fourth Test has shown - exposed by the 'News of the World', a UK Sunday newspaper....
Matuzalem CAS Award Commentary
Preamble After the revolutionary road that the Webster's case seemed to have opened in 2008, only a year after appeared a new award that hit the news and became the latest of the legal sports law gossip. In that particular moment, as the lawyer...
Minors in Sport. Position Paper on Legal Aspects of Minors in Sports in the Slovak Republic
1 General overview: International and European aspects Since within the European Union and the globalized world of today the domestic regulations can not be isolated from the international situation, an overview of global problems of minors in sport...
Models of Sport Governance in the European Union: The Relationship between State and Sport Authorities
1. Introduction In 2004 Andre-Noel Chaker published a study on "Good governance in Sport - A European survey" which was commissioned by the Council of Europe. (1) The Council of Europe was the first international organization established in Europe...
National Models of Good Governance in Sport - Slovenia
1. Slovenian sports heritage Sport has always been recognized as an important element of social life of the Slovenians who can proudly look back on their sports heritage. The number of associations, number of members, range of activities, material...
Opening Address on Behalf of the Hague International Sports Law Academy (HISLA) at the International Conference on Lex Sportiva, Djakarta, 22 September 2010
Dear colleague Dr. Rita Subowo, Chairperson of the Indonesian Olympic Committee, esteemed Rector Professor Jonaan Parapak, esteemed Professor Bintan R. Saragih, ladies and gentlemen, distinguished guests, I have been given a difficult task to deliver...
Public International Sports Law - a "Forgotten" Discipline?
International sports law has still not been fully researched. (1) Therefore, it is no surprise that public international sports law - a key component of international sports law (2) - has so far received little attention. (3) This is, nonetheless,...
Sport Governance in Lithuania
1. Introduction After Lithuania restored its independence in 1990, all spheres of public life, including sport, faced significant changes and challenges. Lithuania got rid of Soviet sport governance model which was based on purely state governance...
Sport Image Rights in Spain
1. Introduction Over the last 20 years, professional sport (as a source of entertainment and business) has undergone spectacular growth, in large part due to the development and exploitation of one of the essential rights of human personality: the...
Sports Arbitration: Determination of the Applicable Regulations and Rules of Law and Their Interpretation
A discussion and comparison with commercial arbitration focusing on the Federation Internationale de Football Association ("FIFA") and on recent cases of termination of football players' employment contracts without just cause (1) decided in appeal...
Sports Betting: Brazil
Introduction According to a European Commission study, the global gambling Industry worldwide generates a huge sum of money, around US$ 384 billion, or 0.6% of global GDP (gross domestic product). Latin America represents 7% of all resources generated....
Sports Betting in New Zealand: The New Zealand Racing Board
1. Introduction In New Zealand, the sports betting contract exists within an efficient regulatory regime. Nonetheless, in our modern competitive environment, the gambling industry faces significant challenges. In this chapter, the term "sports betting"...
Sports Betting: Is It Really Illegal in India?
Introduction Man has always been captivated by gambling. The history books have shown that man has always indulged in this pass time and has sometimes even lead to his ruin. Indian history is strewn with such incidents. One of our most revered epics...
Sports Betting: United Kingdom
1. Brief history of betting on sports 1.1. History of Regulation Great Britain (1) has a long tradition of gambling generally, and betting on sports in particular. The first Gaming Act was passed by Parliament in 1710, 300 years ago, so the activity...
Sports Governance in Ireland
Introduction In Ireland, the regulation of sport falls under the auspices of the Department of Tourism, Culture and Sport. (1) The Department, which is headed by Minister Mary Hanafin, has a number of important functions in relation to sport. Its...
Sports Sponsorship Is Flourishing despite the Recession
Usain Bolt, the 24-year old Jamaican triple Olympic gold and world record sprint champion, has just signed what is believed to be the biggest sponsorship deal in the history of Athletics with PUMA, the Swiss-based sports clothing and shoes manufacturer,...
The America's Cup: New Rules Introduced to Avoid Controversies in Future
The America's Cup, which is the oldest trophy - 159 years' old - competed for in international sport and, in recent years, mired by controversies, has introduced new rules for the 34th edition of the competition, scheduled to take place in 2013. The...
The Bulgarian Model of Sports Governance
1. Legal ground The main legal act that regulates the public relationships concerning the physical education and sports in Bulgaria is the Bulgarian Physical Education and Sports Act /PESA/ which was passed by the Bulgarian parliament in 1996. ...
The Need for WADA to Address Confidentiality Leaks in Drug Testing in Olympic Sports - the Ian Thorpe Situation
Introduction Ian Thorpe is one of the greatest swimmers of all-time. He has won more international championship medals than any other Australian swimmer in history, including five gold medals in two Olympic Games. Thorpe has also been one of the...
The Principle of Fairness in the Lex Sportiva of CAS Awards and Beyond
1. Lex Sportiva and the Court of Arbitration for Sport The concept of a lex sportiva refers to a limited body of emerging law that is roughly analogous to the lex mercatoria or law merchant in international commercial practice and commercial arbitration....
The Taxation of Sportspeople in Portugal
1. Introduction Individuals are liable in Portugal to a Personal Income Tax (Imposto sobre o Rendimento das Pessoas Singulares). The Portuguese tax legislation, namely the Personal Income Tax (PIT) Code, does not currently foresee a specific...
Togo Ban to Be Lifted Following CAS Mediation
The Confederation of African Football (CAF) banned the Togo National Football Team from competing in the next two Africa Cup of Nations Competition, for government interference, after they withdrew from the tournament following the fatal attack on...
Transnational Law in Action
What's interesting about the concept of lex sportiva? Lex sportiva is a fascinating legal concept, especially to legal theorists as well as sports lawyers and practitioners, for several reasons. * It is global, transnational and stateless. It...
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